CZM's Federal Consistency Review Procedures

There are no specific application forms or fees for federal consistency review.

If the proposed project is to undergo federal consistency review, the process is initiated by sending the documents specified in appropriate sections of the attached regulations to:

Project Review Coordinator
Massachusetts Office of Coastal Zone Management
251 Causeway Street, Suite 800
Boston, MA 02114

Specific application requirements and review timetables for the various federal actions that make a project proposal subject to CZM's review are contained in regulations at 301 CMR 21.00: Coastal Zone Management Program Federal Consistency Review Regulations (PDF, 1.0M).

Upon receipt of a complete application, the federal consistency review can begin. The following steps then occur:

1. A project review schedule is sent to the applicant or his or her agent;
2. The project is assigned to a CZM technical reviewer, who will be responsible for evaluating the materials provided and for making a recommendation to the Director of CZM as to whether the project is consistent with CZM's enforceable program policies or not;
3. A public notice of the proposed project is published in the next available Environmental Monitor, a publication of the MEPA Unit in the Executive Office of Environmental Affairs. A 21-day comment period begins on the day that the Monitor is published.
4. When all technical and public policy questions raised by the project have been resolved, and all other state licenses and permits have been obtained, CZM may concur with or object to the applicant's federal consistency certification. This may occur any time from immediately following the close of the public comment period to the end of a period defined by federal regulation. CZM makes every effort to render a decision at the earliest possible time.

Massachusetts chose to develop and implement a "networking" coastal management program. Under this approach, CZM has entered into Memoranda of Understanding with the state agencies that issue environmental licenses, permits and certifications to implement CZM's enforceable program policies through their regulatory processes. To ensure that all of CZM's interests are addressed, federal consistency review cannot be completed until copies of all relevant state environmental licenses and certifications have been received by CZM.

CZM will notify the applicant in writing of its concurrence with or objection to the applicant's federal consistency certification. If technical or policy questions remain, or there are outstanding state licenses or permits at the end of the defined review period, CZM must, by federal regulation, object to the consistency certification.

If CZM objects to a consistency certification, either for lack of information (requisite state environmental licenses and permits have not yet been issued) or for cause (CZM disagrees with the applicant's assertion that the project is consistent with its enforceable program policies) the applicant may restart the federal consistency review process by sending a written request to the Project Review Coordinator. If project plans have changed during the review process, it may be necessary to update required application documents at that time. A new public notice may be placed in the Environmental Monitor, and the applicable timetable will begin again.

An applicant may also request mediation from the NOAA Office of Coast and Ocean Resource Management (OCRM) or appeal CZM's denial of federal consistency to the U.S. Secretary of Commerce by filing a notice with the Secretary within 30 days of receipt of CZM's denial. Copies of the appeal and any accompanying information must also be filed with all of the state and federal agencies involved with the proposed project. Complete information on the appeal process may be found in federal regulation 15 CFR 930 Subpart H.

Additional Information

Project Modifications: CZM must be notified of any modification to a project that has previously been reviewed and approved. Based on the significance of the proposed modification, CZM may determine that no further review is required, or may require the proponent to reopen the federal consistency process. Please contact the CZM Project Review Coordinator for a determination of additional review requirements.

Waivers: Sometimes, even when a project is below CZM's thresholds for federal consistency review or is otherwise outside the jurisdiction of the federal consistency process, the federal agency issuing the final license for a proposed project may require the applicant to obtain a statement to that effect from CZM. In this instance, the applicant may send a request for a waiver with a copy of the appropriate federal license application to the CZM Project Review Coordinator. If CZM determines that the project is not subject to federal consistency review, applicants can expect confirmation within a week of receipt of their request.

Emergency Certifications: Following a catastrophic event, such as a hurricane, there will be repairs that require emergency certification from local, state and federal agencies to mitigate damage in an accelerated time frame. The federal consistency process recognizes such situations and provides for emergency certifications. The action proposed for emergency certification must be one that is necessary to avoid or eliminate imminent threat to public health and safety, and is limited to what is necessary to abate the emergency. Full compliance with all pertinent state licensing procedures, including CZM federal consistency review, is required when the immediate need for undertaking the emergency action no longer exists. Please contact the CZM Project Review Coordinator for information on filing for an emergency certification.

Related Permits and Licenses: There are a variety of local, state and federal agencies that regulate projects in the coastal zone. Click here for a listing of these agencies. CZM published Environmental Permitting in Massachusetts, a guide to the major state, federal, and local environmental permits used in Massachusetts.

Assistance to Applicants: The CZM Project Review Coordinator is available to assist applicants in determining the applicability of the federal consistency review process to a proposed project, and to answer questions that may develop during the preparation of a request for such a review. The Project Review Coordinator can be reached at 617-626-1050 or at the Massachusetts Office of Coastal Zone Management, 251 Causeway Street, Suite 800, Boston, MA 02114.

Click here to go to the Federal Consistency Review table of contents.